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People v. Reifenberger

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1990
168 A.D.2d 519 (N.Y. App. Div. 1990)

Opinion

December 10, 1990

Appeal from the County Court, Dutchess County (King, J.).


Ordered that the judgment is affirmed.

The defendant contends that because he was indigent and could not afford to enter an in-patient alcoholism rehabilitation program before sentencing, he was deprived of his constitutional right to equal protection when the court sentenced him to 14 weekends in jail.

The defendant's contention is without merit.

The minutes of the plea agreement make no mention of a promise that the defendant could discharge his debt to society by participating in an in-patient rehabilitation program, and this court may not recognize any off-the-record promises allegedly made to the defendant which are otherwise contradicted by the record (see, Matter of Benjamin S., 55 N.Y.2d 116, 120). The record indicates that the defendant received the sentence for which he bargained (see, People v. Lawton, 144 A.D.2d 584; People v. Kazepis, 101 A.D.2d 816).

In any event, as the defendant has already served his jail term, any issue concerning it is academic (see, People v. Owen, 89 A.D.2d 898; People v. Fields, 79 A.D.2d 991; People v. Charles Lee W., 77 A.D.2d 608). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.


Summaries of

People v. Reifenberger

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1990
168 A.D.2d 519 (N.Y. App. Div. 1990)
Case details for

People v. Reifenberger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH F…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 10, 1990

Citations

168 A.D.2d 519 (N.Y. App. Div. 1990)
562 N.Y.S.2d 756